How to Get Out of a DWI?

In this article, I will discuss the ways you can possibly get out of a DWI and some of the myths out there that do not work. Bear in mind, this lists below are not exhaustive. Depending on your situation, they may or not apply and there are others not included.

What You’re Up Against with a DWI Arrest

Here’s the thing, in the past several years, there has been increasing pressure on prosecutors to not JUST drop DWI charges. MADD and other political entities hold prosecutors socially liable for dismissing a DWI against a defendant who then re-offends. Prosecutors don’t like pressure for this. Therefore, they are very reluctant about dismissing DWI cases just because you ask. Back in the day, this could happen more often. Many old guys think it still happens this way because they are living in the past. It does not.

Ways to Get Out of a DWI

Police Mistakes

During a DWI arrest, the police officer must follow a lot of protocol to ensure the conviction sticks. For instance, he must have a reason to be in contact with the defendant. The officer must have probable cause to believe the driver was impaired. The officer must operate the breathalyzer correctly and administer the field sobriety test correctly. There are many other issues and procedures the officer must properly follow. There is no sense in delving too deeply into this. Your DWI lawyer should know all this, so you don’t have to. If your lawyer can expose these police mistakes to the prosecutor, maybe this will get you out of the DWI. Maybe.

You Weren’t Operating a Vehicle While Impaired

Basically, the prosecutor can’t prove that you committed the crime. It doesn’t matter if you were driving while impaired, it only matters if there is enough admissible evidence against you to prove that you were impaired. Once again, this is for your DWI attorney to figure out because he/she went to law school and practiced DWI defense for many years. You didn’t.

Mitigate the Case

If you have a poor case and it looks like you would get convicted, have your lawyer mitigate the case with the prosecutor. This means make a deal. Your lawyer and the prosecutor will get together and make a deal as to another resolution besides you getting convicted of a DWI. This will get you out of the DWI. The resolution may include diversion or pleading guilty to a different charge. The deal made will be based on the facts of the case and the circumstance surrounding the defendant such as his/her criminal background, treatment, etc.

Myths About Getting Out of a DWI

Pay More Money

Many of the myths about law come from movies and TV. Many people think that if they just pay more money to someone, the DWI will go away. This is not reality. That is illegal and you can bet that no prosecutor or anyone in the court system is willing to stick their neck out like that to help you for a few bucks. Imagine if prosecutors dismissed DWI cases because the defendant offered up more money…that would not last long since the prosecutor would find himself sitting in a federal prison.

The Officer Didn’t Read my Miranda Rights

Here’s a law school lesson: Miranda rights ONLY apply to statements made 1) while the officer is interrogating the arrestee 2) when the defendant is in custody. AND….if the statement is found to be inadmissible, only the statement doesn’t come into the trial. This does NOT dismiss the case. Therefore, if the officer doesn’t read your Miranda rights but there is no statement to suppress, then there is no issue. Another example is if the arrestee was arrested and is placed in the back of the car without reading the Miranda rights, BUT he does not question the arrestee, any statement the arrestee makes can be admissible against him/her because the officer is not questioning the arrestee.

It’s My First Offense, So the DWI Should Go Away

Nope. Prosecutors view first-offense DWI with scrutiny as well as multiple-offense DWI. The only possible benefit you may get is with mitigation. However, if you blew .225 and you ran into another car, the judge may put you in jail even if it’s your first-offense DWI. The point is that the facts of each case must be evaluated by the prosecutor and your DWI lawyer to determine how to resolve the case.

DWI Law Firm

The Barkemeyer Law Firm is a group of Louisiana DWI lawyers that practice primarily DUI defense in all areas of Louisiana. We are not spending our time and efforts on personal injury cases or traffic tickets. We focus on DWI defense all day, every day.

If you’re facing a DUI charge, don’t hesitate to contact us. The right defense can make all the difference in protecting your rights, your record, and your future.

Carl Barkemeyer wrote the published book on DWI: Practical Information for the Accused and Attorneys in Louisiana. He regularly gives lectures and advice to other attorneys regarding how to successfully defend clients for DWI.